Next governor will reshape N.J. Supreme Court

TRENTON -- It’s not the hottest issue on the campaign trail, but how the candidates for governor stand on the appointment of state Supreme Court justices could have an impact on New Jersey for years to come.

That’s because the next governor could remake the seven-member court by appointing as many as four justices — and loading a majority of the bench to suit his political philosophy as New Jersey struggles with complicated issues such as taxes, gay marriage and school funding.

Tony Kurdzuk/The Star-LedgerA 2007 photo of the Justices of the New Jersey Supreme Court in Trenton.

"I think it’s huge," said Professor Robert Williams, an expert on the court who teaches at Rutgers-Camden School of Law. "I can’t think of anyone who has the potential to have more influence over the New Jersey court than the next governor likely will."

During the next four years, Justice Virginia Long, a Democrat, will reach the mandatory retirement age of 70, and three other justices will end their seven-year terms and be up for reappointment: John E. Wallace Jr., a Democrat, and Roberto Rivera-Soto and Helen Hoens, both Republicans. If Wallace is reappointed next year, he’ll hit retirement age in 2012.

For decades, the court, which has the final word on interpreting state law and the New Jersey Constitution, has been a driving force in New Jersey. Governors nominate justices, who then face confirmation by the state Senate.

Democratic Gov. Jon Corzine, Republican Chris Christie and independent Chris Daggett all say they’ll look for the general qualities of intelligence and fairness in nominating a justice.

Christie, however, joins many Republicans in criticizing New Jersey’s court as being too activist, citing decisions that affected decades of state policy — and big spending — on affordable housing and paying for poor urban schools.

The court’s critics have been incensed by opinions that prevented the release of e-mails exchanged between Corzine and his ex-girlfriend, former state workers’ union leader Carla Katz, established civil unions for gay couples and let Frank Lautenberg replace Democratic U.S. Sen. Bob Torricelli in a 2002 late ballot switch.

Christie said none of the current justices have the traits he would look for in selecting a justice.

"On the New Jersey Supreme Court right now? No," he said. "I want someone who is extraordinarily bright, and I want someone who will interpret laws and the Constitution, not legislate from the bench."

The Republican has also said he has serious concerns about Rivera-Soto’s temperament but has not indicated how, as governor, he would handle his reappointment.

Corzine said his appointments — Hoens and Chief Justice Stuart Rabner — are ideal justices who do not legislate from the bench.

"I think Stuart Rabner is one of the finest jurists that exist in the United States," he said. "I think Justice Hoens is a perfect example of a balanced individual who looks at the law and the facts of a case and makes a judgment based on the precedent that exists. That’s exactly what we need to have."

While he says he hasn’t looked at the current justices’ records in "great detail," Daggett said, "I think it’s most important to find someone who has a strong even-handed temperament and that will be fair and reasoned in their decision-making process."

Under a gentlemen’s agreement going back six decades, governors have maintained the court’s political balance by making sure there are no more than four members of one party. The court now has four Democrats, two Republicans and an independent.

Corzine has already adhered to that by selecting a Democrat and a Republican. Christie said he would preserve the custom, "but I think there’s room for significant change, and there needs to be."

Brigid Harrison, a political scientist at Montclair State University, said the composition of the court is not a big issue because of the bad economy — and voters may not know how it can affect state policy on subjects such as gay marriage and abortion.

Corzine recently acknowledged the issue’s importance: "Four judges can change the context of the courts forever," he said.